ALABAMA (WHNT) — A federal judge has granted an emergency motion filed by Attorney General Steve Marshall to dissolve the injunction on Alabama’s abortion ban.
On Friday morning, the United States Supreme Court ruled in Dobbs v. Jackson Women’s Health Organization, which involved a Mississippi law banning most abortions after 15 weeks of pregnancy.
The Supreme Court, by a 6-3 vote, overturned the 1973 decision in Roe v. Wade which legalized abortion nationwide and the 1992 decision in Planned Parenthood of Southeastern Pennsylvania v. Casey which affirmed the right to abortion, but said states could enact limited restrictions.
“The Constitution does not prohibit the citizens of each state from regulating or prohibiting abortion. Roe and Casey arrogated that authority to themselves. We now reverse those decisions and return that authority to the people and their elected representatives,” Justice Samuel Alito said in his majority opinion paper.
In 2019, the Alabama legislature passed a law that would make abortion at any stage of pregnancy a felony punishable by 10 to 99 years or life in prison for the provider, with no exceptions for rape or incest. The only exception would be when the health of the mother is seriously threatened.
A lawsuit has been filed by several women’s centers across the state and Planned Parenthood alleging that the law violates patient due process for privacy, citing Roe and Casey as precedents. A federal judge agreed and placed an injunction blocking the abortion ban until the trial went through the court system.
Attorney General Steve Marshall released a statement after the injunction against Alabama’s Human Life Protection Act was lifted.
“The State of Alabama’s emergency motion to lift the injunction and restore Alabama’s 2019 law, which prohibits abortion in most cases, has been granted,” said Attorney General Marshall. “The Federal District Court and the plaintiffs agreed that there was no reason to suspend the law duly enacted in light of the United States Supreme Court’s decision in Dobbs vs. Jackson Women’s Health Organization. Thus, Alabama’s law making elective abortions a crime is now enforceable. Anyone who takes a child’s life in violation of the law will be prosecuted, with penalties ranging from 10 to 99 years for abortion providers.
During a conference call at 3 p.m. Friday, federal judge Myron H. Thompson decided to dissolve the injunction.
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